KOMATSU, LTD. v. STATES S. S. CO.

No. 80-3006.

674 F.2d 806 (1982)

KOMATSU, LTD., Komatsu America Corporation, and Nippon Fire & Marine Insurance Co., Ltd., Plaintiffs-Appellees, v. STATES STEAMSHIP COMPANY and American President Lines, Ltd., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1982.

Rehearing and Rehearing Denied July 26, 1982.


Attorney(s) appearing for the Case

Michael H. Williamson, Madden & Poliak, Seattle, Wash., for defendants-appellants.

David R. Millen, Seattle, Wash., argued, for plaintiffs-appellees; E. C. Biele, Bogle & Gates, Seattle, Wash., on brief.

Before WALLACE and TANG, Circuit Judges and STEPHENS, District Judge.


Rehearing and Rehearing En Banc Denied July 26, 1982.

TANG, Circuit Judge:

This is an interlocutory appeal pursuant to 28 U.S.C. § 1292(a)(3) from a partial summary judgment denying the appellants the benefit of the $500 per package liability limitation contained in section 4(5) of the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. § 1304(5) (1976). We affirm.

The facts are not in dispute. Komatsu, Ltd. contracted with States Steamship...

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